Florida Public Service Commission native order document 08893-2024

FILED 9/6/2024
DOCUMENT NO. 08893-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
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DOCKET NO. 20240001-EI
ORDER NO. PSC-2024-0410-CFO-EI
ISSUED: September 6, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LL C' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 08545-2021, X-REF. 09045-2021)
On December 13 , 2023, pursuant 	to 	Section 366.093, Florida Statutes (F.S.), and
Rule 25-22.006, Florida Administrative 	Code (F.A.C.), Duke Energy Florida, LLC (DEF)
filed its First Request for Extension of Confidential Classification (Request) 	of the Joint
Answer Brief of the Office of Public Counsel (OPC) and Florida Industrial Power Users Group
filed in Florida Supreme Court Case SC20-1601 on July 19 , 2021 (Document No. 08545-2021).
On August 10, 2021, OPC also filed the same Joint Answer Brief which was identified as
Document No. 09045-2021 . This material was originally granted confidentiality by Order No.
PSC-2022-0211-CFO-EI, issued June 16, 2022.
Request for Confidential Classification
DEF 	contends 	that 	the 	information 	contained in the 	Joint Answer Brief, more
specifically 	described 	in 	Exhibit 	C 	to its 	Request, 	constitutes 	proprietary 	confidential
business information entitled to protection under Section 366.093 , F.S., a nd Rule 25-22.006,
F.A.C. DEF asserts that this information is intended to be a nd is treated by DEF as private
a nd has not been publicly disclosed.
The information contained in the Joint Answer Brief contains operational, design, and
cost information associated with the Mitsubishi steam turbine connected to DEF' s Bartow Unit
4 power plant which is proprietary to Mitsubishi. Disclosure of the Joint Answer Brief, would
reveal 	this 	proprietary 	third-party 	owned 	information 	resulting 	in competitive 	harm 	to
Mitsubishi and 	potentially impairing DEF's ability to contract for goods and services on
favorable terms in the future as vendors would charge a premium if DEF could not protect
their information. DEF argues that this information is protected by Sections 366.093(3)(d)
and (e), F.S.
Ruling
Section 	366.093(1), 	F.S., 	provides 	that 	records 	the 	Florida 	Public 	Service
Commission (Commission) has found to contain proprietary business information shall be
kept 	confidential and shall be exempt from Chapter 119 , 	F.S. 	Section 366.093(3), F .S .,
defines proprietary confidential business information as 	information that is intended to 	be
and is treated by the company as private, in that disclosure of the information would cause
harm 	to the 	company's ratepayers or business 	operations, and has not been voluntarily
disclosed 	to 	the public. Section 366.093(3), F.S., provides 	that proprietary 	confidential
business information includes, but is not limited to:

ORDER NO. PSC-2024-0410-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
(d) Information concerning bids or other contractual data, the disclosure of
which would 	impair the efforts 	of the 	public 	utility 	or 	its affiliates 	to
contract for goods or services on favorable terms.
(e) Information relating to competitive 	interests, the disclosure of which
would impair the competitive business of the provider of the information.
Upon review, it appears the information and data provided in this request continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The operational, design, and cost information associated
with the Mitsubishi steam turbine appear to be “information concerning bids or other
contractual data, the disclosure of which would impair the efforts of the public utility or its
affiliates to contract for goods or services on favorable terms” and “information relating to
competitive interests, the disclosure of which would impair the competitive business of the
provider of the information.” Thus, the information identified in Document No. 08545-2021,
x-ref. 09045-2021 shall be granted confidential classification.
Pursuant 	to 	Section 	366.093(4), 	F.S., 	the 	information 	for 	which 	confidential
classification is granted herein shall remain protected from disclosure for a period of up to
18 months from the date of issuance of 	this Order. At the conclusion of 	the 18-month
period, the confidential information will no longer be exempt from Section 119.07(1), F.S.,
unless DEF or another affected person shows, and the Commission finds, that the records
continue to contain proprietary confidential business information.
Based on the foregoing, it is hereby
ORDERED 	by 	Commissioner Gabriella Passidomo, 	as Prehearing Officer, that
Duke Energy Florida, LLC's First Request for Extension of Confidential Classification of
Document No. 08545-2021, x-ref. 09045-2021, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 08545-2021, x-ref. 09045-2021,
for which 	confidential 	classification 	has 	been 	granted, 	shall 	remain 	protected 	from
disclosure for a period of up to 18 months from the date of issuance of this Order. 	It is
further
ORDERED that this Order shall be the only notification by the Commission to the
parties of the date of declassification of the materials discussed herein.

PSC-2024-0410-CFO-EI
6th
September 2024
ORDER NO.
DOCKET NO. 20240001-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of _______,
SBr
Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
&o
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and. if applicable, interested persons.
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required 	by Section 	120.569(1 ), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. 	This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
Any 	party 	adversely 	affected 	by 	this 	order, 	which 	is 	preliminary, 	procedmal 	or
intermediate in nature, may request: ( 1) reconsideration within 10 days pursuant to Rule 25-
22.0376, Florida Administrative Code~ or (2) judicial review by the Florida Supreme Court, in
the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case
of a water or wastewater utility. 	A motion for reconsideration shall be filed with the Office of
Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code.
Judicial re view of a preliminary, procedural or intermediate ruling or order is available if revi ew
of the final action will not provide an adequate remedy. Such review may be requested from the
appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate
Procedure.